iiRcade End Users License Agreement (EULA)
End-user license agreement (EULA)
Last updated: September 21, 2020
Welcome to iiRcade. This Agreement governs your access and use of such products as game software contained on disc or downloaded to be used on iiRcade’s game device (“iiRcade Device”), offered by iiRcade and its subsidiaries (“iiRcade”) and related updates, upgrades and features as well as online and mobile services, features, content and websites offered by iiRcade and/or live events hosted by or in connection with iiRcade (collectively “iiRcade Services”).
BY USING IIRCADE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE IIRCADE SERVICES. YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 14 TO RESOLVE ANY DISPUTES WITH IIRCADE.
TABLE OF CONTENTS
11.Disclaimer of Warranties; Limitation of Liability 12.General Terms
13.Changes to this Agreement
14.Dispute Resolution; Binding Arbitration
1. iiRcade Account
You need an iiRcade Account to access and use many iiRcade Services.
To create an iiRcade Account, you must have a valid email address, and provide truthful and accurate information. You must be eligible to use the iiRcade Services for which you are registering and must be resident of a country where use of iiRcade Services is permitted.
You must be at least 13 years of age (or such other minimum age as is applicable in your country of residence) to create an iiRcade Account. If you are aged between the relevant minimum age and 18 (or the age of majority where you live), you and your parent or guardian must review this Agreement together. Parents and guardians are responsible for the acts of children under 18 years of age when using iiRcade Services. iiRcade recommends that parents and guardians familiarize themselves with parental controls on devices they provide their child.
You are responsible for the activity on your iiRcade Account. Your iiRcade Account may be suspended or terminated if someone else uses it to engage in activity that violates this Agreement.
You may cancel your iiRcade Account at any time. You also may cancel a subscription to a particular iiRcade Service at any time. You may cancel your account from your iiRcade Service or by contacting Customer Service Department at https://iircade.com. To complete your request, iiRcade may collect fees or costs incurred, if allowed by law, and any amounts owed to third-party vendors or content providers.
The iiRcade Services are licensed to you, not sold. iiRcade grants to you a personal, limited, non-transferable, revocable and non-exclusive license to use the iiRcade Services to which you have access for your non-commercial use, subject to your compliance with this Agreement. You may not access, copy, modify or distribute any iiRcade Service, Content or Entitlements (as those terms are defined below), unless expressly authorized by iiRcade or permitted by law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from iiRcade Services, unless expressly authorized by iiRcade or permitted by law. iiRcade or its licensors own and reserve all other rights, including all right, title and interest in the iiRcade Services and associated intellectual property rights. You may not modify or hack into the iiRcade Device or the iiRcade Services to change the way they operate in any shape or form, unless expressly authorized by iiRcade or permitted by law.
3. Content and Entitlements
The iiRcade Services include Content and Entitlements. Content is the software, games, technology, text, scores posts, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to or from iiRcade Services, as well as the design and appearance of our websites. Content also includes user- generated Content (“UGC”). UGC includes iiRcade Account personas, forum posts, profile content and other Content contributed by users to iiRcade Services. All Content is either owned by iiRcade or its licensors, or is licensed to iiRcade and its licensors pursuant to Section 5 below.
Entitlements are rights that iiRcade licenses to you to access or use the online or off- line elements of iiRcade Services. Examples of Entitlements include access to digital or unlockable Content; additional or enhanced functionality (including multiplayer services); subscriptions; virtual assets; unlock keys or codes, serial codes or online authentication; in-game achievements; virtual points, coins, or currencies, if applicable.
We refer to these virtual points, coins or currencies as “iiRcade Virtual Currency”. When you obtain iiRcade Virtual Currency from us or our authorized partners, you receive a personal, limited, non-assignable, non-exclusive, revocable license to access and select the Entitlements that iiRcade expressly makes available to you.
iiRcade Virtual Currency has no monetary value and has no value outside of our products and services. iiRcade Virtual Currency cannot be sold, traded, transferred, or exchanged for cash; it only may be redeemed for Entitlements available for the iiRcade Service. iiRcade Virtual Currency is non-refundable, and you are not entitled to a refund for any unused iiRcade Virtual Currency. Once you redeem iiRcade Virtual Currency for an Entitlement, that Entitlement is not returnable, exchangeable, or refundable.
You will provide at your own expense the Internet connection and charges required to access and use iiRcade Services and iiRcade Device.
4. Availability of iiRcade Services and Updates
We do not guarantee that any iiRcade Service, Content or Entitlement will be available at all times, in all locations, or at any given time or that we will continue to offer a particular iiRcade Service, Content or Entitlements for any particular length of time. iiRcade does not guarantee that iiRcade Services can be accessed on any devices other than the iiRcade Device, by means of a specific Internet or connection provider, or in all geographic locations.
From time to time, iiRcade may update, change, modify or discontinue an iiRcade Service, Content or Entitlements, without notice to you. These updates and modifications may be required in order to continue to use iiRcade Services.
iiRcade may need to update, or reset certain parameters to balance game play and usage of iiRcade Services and iiRcade Device. These updates or “resets” may cause you setbacks within the relevant game world and may affect characters, games, groups or other Entitlements under your control.
5. Your UGC
You are responsible for your UGC. You may not upload UGC that infringes a third party’s intellectual property rights or that violates the law, this Agreement or a third party’s right of privacy or right of publicity.
iiRcade may, in its sole discretion, remove, edit or disable UGC for any reason, including if iiRcade reasonably determines that UGC violates this Agreement. iiRcade does not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. iiRcade does not pre-screen all UGC and does not endorse or approve any UGC available on iiRcade Services.
When you contribute UGC, you grant to iiRcade, its licensors and licensees a non- exclusive, perpetual, transferable, worldwide, sub-licensable license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display or otherwise transmit and communicate the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You also grant all other users who can access and use your UGC on an iiRcade Service and iiRcade Device the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant iiRcade Service or iiRcade Device without further notice, attribution or compensation to you.
6. Rules of Conduct
When you access or use an iiRcade Service or iiRcade Device, you agree that you will not:
Violate any law, rule or regulation.
Interfere with or disrupt any iiRcade Service or any server or network used to
support or provide an iiRcade Service, including any hacking or cracking into
an iiRcade Service or iiRcade Device.
Use any software, games, game binaries, services, executables or any files on
iiRcade Device or iiRcade Service that are unauthorized by iiRcade, not purchased or obtained from iiRcade Service, illegal, or not officially licensed by official game licensors.
Extract any files from iiRcade Device or iiRcade Service to anywhere outside
of the iiRcade Device or iiRcade Service, in any shape or form.
Change, modify, hack, or replace any part of the iiRcade Device or iiRcade
Service, including hardware and software, that are unauthorized by iiRcade.
Connect iiRcade Device to any external device or service unauthorized by iiRcade.
Use any software or program that damages, interferes with or disrupts an iiRcade Service, iiRcade Device or another's computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.
Interfere with or disrupt another player’s use of an iiRcade Service or iiRcade Device. This includes disrupting the normal flow of game play, chat or dialogue within an iiRcade Service or iiRcade Device by, for example, using vulgar or harassing language, being abusive, excessive shouting (all caps), spamming, flooding or hitting the return key repeatedly.
Harass, threaten, bully, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated.
Contribute UGC or organize or participate in any activity, group or guild that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another's privacy, or is otherwise reasonably objectionable.
Publish, post, upload or distribute UGC or content that is illegal or that you don’t have permission to freely distribute.
Publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information, that iiRcade (acting reasonably and objectively) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.
Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
Impersonate another person or falsely imply that you are an iiRcade employee or representative.
Improperly use in-game support or complaint buttons or make false reports to iiRcade staff.
Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on iiRcade Services.
• Make use of any payment methods to access or purchase iiRcade Services for fraudulent purposes, without permission of the authorized owner, or otherwise in connection with a criminal offense or other unlawful activity.
Use any robot, spider or other automated device or process to access this website for any purpose or copy any material on this website.
• Use or distribute unauthorized software programs or tools, such as “auto” software programs, “macro” software programs, exploits, cheats, or any other game hacking, altering or cheating software or tool.
Modify any file or any other part of the iiRcade Service or iiRcade Device that iiRcade does not specifically authorize you to modify.
• Use exploits, cheats, undocumented features, design errors or problems in an iiRcade Service or iiRcade Device.
Use or distribute counterfeit software or iiRcade Content, including iiRcade Virtual Currency.
• Attempt to use the iiRcade Device or an iiRcade Service on or through any service that is not controlled or authorized by iiRcade.
Sell, buy, trade or otherwise transfer or offer to transfer your iiRcade Account, any personal access to iiRcade Services, or any iiRcade Content associated with your iiRcade Account, including iiRcade Virtual Currency and other Entitlements, either within an iiRcade Service or on a third party website, or in connection with any out-of-game transaction, unless expressly authorized by iiRcade.
• Use an iiRcade Service or iiRcade Device in a country in which iiRcade is prohibited from offering such services under applicable export control laws. If an iiRcade Service requires you to create a “user name” or a “persona” to represent you in game and online, you should not use your real name and may not use a user name or persona that is used by someone else or that iiRcade determines is vulgar or offensive or violates someone else’s rights.
• Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of an iiRcade Service.
Use information about users publicly available in any iiRcade Service for any purpose unrelated to the Service, including to attempt to identify such users in the real world.
• Promote, encourage or take part in any prohibited activity described above. If you this violation after a warning, iiRcade may take action against you, including revoking access to certain or all iiRcade Services, Content or Entitlements, or terminating your iiRcade Account as described in Section 7. In case of severe violations, iiRcade may take these actions without issuing a prior warning. Some examples of severe violations include, but are not limited to: promoting, encouraging or engaging in or someone using your iiRcade Account violates these rules and fails to remedy hacking, selling iiRcade Accounts or Entitlements (including virtual currencies and items) without iiRcade’s permission, extreme harassment, or threatening illegal activities. When practical, iiRcade will notify you of the action it will take in response to violations of these rules or breach of this Agreement.
Specific iiRcade Services may post additional rules that apply to your conduct on those services.
If you encounter another user who is violating any of these rules, please report this activity to iiRcade by contacting Customer Support at https://iircade.com.
iiRcade may, in its discretion, monitor or record online activity or Content on iiRcade Services and may remove any Content from any iiRcade Service at its discretion. Remember that your communications and your UGC in an iiRcade Service are public and may be seen by others.
7. Termination and Other Sanctions
This Agreement is effective until terminated by you or iiRcade. iiRcade may terminate your access and use of any iiRcade Services or your iiRcade Account if iiRcade determines that you have violated this Agreement or that there has been otherwise unlawful, improper or fraudulent use of iiRcade Services associated with your iiRcade Account. When practical, iiRcade will notify you of the termination. You may lose your username and persona as a result of an iiRcade Account termination. If you have more than one iiRcade Account, depending on the type of violation or misuse, iiRcade may terminate all of your iiRcade Accounts and all related Entitlements. If your iiRcade Account is terminated, you will not have access to your iiRcade Account or Entitlements and may be barred from accessing or using any iiRcade Service again. Upon termination, your license under this Agreement also shall terminate.
Instead of termination and prior to any termination, iiRcade may issue you a warning, suspend or alter your access to a particular iiRcade Service or your iiRcade Account, remove or revoke Entitlements at an iiRcade Account or iiRcade Device level, remove or delete any content which is in violation with this Agreement, or ban your iiRcade Device or machine from accessing specific iiRcade Services. If iiRcade takes any action described in this Section, you will not be entitled to a refund (subject to any statutory refund rights) and no Entitlements will be credited to you or converted to cash or other forms of reimbursement.
iiRcade may terminate any iiRcade Service at any time by giving at least thirty (30) days’ notice either via email (if available), within the affected iiRcade Service, or on the iiRcade’s website at https://iircade.com. After service termination, no software updates will be applied to our games and we can't guarantee our games will continue to be available for download.
If you believe that any action has been taken against your iiRcade Account or iiRcade Device in error, please contact Customer Support at https://iircade.com.
Sections 5, 7-8, 10-14 of this Agreement survive termination of this Agreement.
8. Use of Data
When you use an iiRcade Service or iiRcade Device, iiRcade may collect and store data from your iiRcade Device, including information about your iiRcade Device and operating system (such as IP Address and device ID), information, reports, data and statistics related to any bug, crash or any mis-aligned, unapproved or erroneous behavior occurring on your iiRcade Device, information about your iiRcade Service usage, gameplay and usage statistics, system interactions and peripheral hardware (for example, to protect your game stats, iiRcade may place a randomly generated identification number in the keychain storage of your iiRcade Device. That identifier will be removed when you reset your iiRcade Device). iiRcade also may collect, use, store, transmit, receive any data or information occurring on your iiRcade Device real time. iiRcade uses this information to operate its business, improve its products and services, provide services to and communicate with you (including for marketing purposes), provide software updates, dynamically served content and software support, and trouble-shoot bugs or otherwise enhance your experience. iiRcade also may collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players.
9. Other Software, Utilities and Tools
iiRcade Services may require or allow you to download software, software updates or patches, or other utilities and tools from iiRcade or its licensors onto the iiRcade Device. You understand that certain updates to these technologies may be required in order to continue use of an iiRcade Services. Some of these updates may contain locked features or content that require you to pay an additional fee to access them. You consent to iiRcade automatically installing any available updates for iiRcade Services. Failure to install available updates may render iiRcade Services unplayable.
Some iiRcade Services may give you the option of playing on servers not owned or controlled by iiRcade. iiRcade does not control those services and is not responsible for your use of the iiRcade Service on or through them. These third-party services may subject you to additional or different terms and restrictions.
iiRcade Services may include hyperlinks to third party web sites. Those sites may collect data or solicit personal information from you. iiRcade does not control those sites and is not responsible for their content or for their collection, use or disclosure of personal information.
11. Disclaimer of Warranties; Limitation of Liability
IIRCADE SERVICES ARE LICENSED AND PROVIDED "AS IS." YOU USE THEM AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, IIRCADE GIVES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR PRACTICE. IIRCADE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT OR IIRCADE SERVICE; THAT THE IIRCADE SERVICE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE IIRCADE SERVICE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES, OR THAT IIRCADE SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR SERVICE. IIRCADE DOES NOT WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED VIA THE ORIGIN STORE.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IIRCADE AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES THAT WERE NOT CAUSED BY IIRCADE'S BREACH OF THIS AGREEMENT, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. THE TYPES OF EXCLUDED DAMAGES INCLUDE, FOR EXAMPLE, FINANCIAL LOSS (SUCH
AS LOSS INCOME OR PROFITS), COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION OR STOPPAGE, LOSS OF DATA, LOSS OF GOODWILL, AND COMPUTER FAILURE OR MALFUNCTION. THIS LIMITATION APPLIES TO ANY CLAIM ARISING OUT OF OR RELATED TO THIS LICENSE OR IIRCADE SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE. IT ALSO APPLIES EVEN IF IIRCADE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGE. YOU MAY RECOVER ONLY DIRECT DAMAGES IN ANY AMOUNT NO GREATER THAN WHAT YOU ACTUALLY PAID FOR THE APPLICABLE IIRCADE SERVICE. IIRCADE DOES NOT LIMIT ITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR FOR DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE EXCLUSIONS AND LIMITATIONS, SO SOME OR ALL OF THEM MAY NOT APPLY TO YOU.
12. General Terms
This Agreement, together with any other iiRcade terms that govern your use of iiRcade Services, constitutes the entire agreement between you and iiRcade. The Agreement may not be amended or modified unless made in writing and signed by iiRcade. The failure of iiRcade to exercise any right under this Agreement shall not constitute a waiver of the right or any other right. If any part of this Agreement is held to be unenforceable, all other parts of this Agreement shall continue in full force and effect.
(i) This Agreement is between you and iiRcade; (ii) the laws of the State of Illinois, excluding its conflicts-of-law rules, govern this Agreement, your use of iiRcade Services and iiRcade Device; and (iii) the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement, iiRcade Services, and iiRcade Device shall be by arbitration as set out in Section 14.
You agree to follow U.S. and other export control laws and agree not to transfer an iiRcade Service to a foreign national, or national destination, that is prohibited by such laws. You also acknowledge you are not a person with whom iiRcade is prohibited from doing business under these export control laws.
13. Changes to this Agreement
iiRcade may modify this Agreement from time to time, so please review it frequently. For iiRcade players who accepted a version of this Agreement prior to modification, the revisions will become effective 30 days after posting at https://iircade.com. Your continued use of iiRcade Services means you accept the changes. Once you accept a version of the Agreement, we will not enforce future material changes without your express agreement to them. If you are asked to accept material changes to this Agreement and you decline to do so, you may not be able to continue to use the iiRcade Service provided.
14. Dispute Resolutions; Binding Arbitration
THIS SECTION APPLIES TO ALL CONSUMERS AND PEOPLE WHO ACCEPTED THE TERMS OF THIS AGREEMENT. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AND IIRCADE EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
This Section offers a streamlined way to resolve disputes between us if they arise. Most of your concerns can be resolved quickly and satisfactorily by contacting iiRcade at https://iircade.com. If iiRcade cannot resolve your concern, you and iiRcade agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us.
This Section is an agreement between you and iiRcade, and applies to our respective agents, employees, subsidiaries, predecessors, successors, beneficiaries and assigns. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section. This Section shall be interpreted broadly and shall survive termination of this Agreement.
A. Claims Covered by Arbitration
All disputes, claims or controversies arising out of or relating to this Agreement, any iiRcade Service, iiRcade Device and its marketing, or the relationship between you and iiRcade (“Disputes”) shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into this Agreement. The only Disputes not covered by this Section are claims (i) regarding the infringement, protection or validity of your, iiRcade’s or iiRcade’s licensors’ trade secrets or copyright, trademark or patent rights; and (ii) brought in small claims court.
B. Informal Negotiations
You and iiRcade shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. iiRcade will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to iiRcade, Inc., 5420 Old Orchard Road Suite 2A, Skokie, IL 60077 USA, attention Legal Department.
C. Binding Arbitration
If you and iiRcade cannot resolve a Dispute informally, you or iiRcade may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and iiRcade may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
YOU AND IIRCADE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person’s claims with your claims, and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
Arbitration shall be initiated in the County of Cook, State of Illinois, United States of America, and you and iiRcade agree to submit to the personal jurisdiction of the courts of the County of Cook, State of Illinois in order to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
F. Changes to this Arbitration Agreement
iiRcade will not enforce material changes to this agreement to arbitrate, unless you expressly agree to the changes.